Oh, that is a great idea, @EssexFells.
Some good advice being given … so I will just add this.
PHOTOS. VIDEO. of damage and of horse.
Someone do it for the BO as it sounds as if BO does not have a clue how to manage this.
There is nothing more powerful than photos and even more of video. Even if it seems as if the situation is fairly obvious, these images resonate with viewers as words and documents do not.
Also >>> Keep taking ‘update’ photos of the horse. Every few days is a good idea. Later if the (current) owner tries to claim the horse was neglected or starving at the hands of the BO, this proves it was not so.
If the horse does leave, take photos to document her condition on that day. With the barn in the background, and with the trailer and handler picking her up in the background. Openly or secretly get the person taking her in the photo too, for documentation. Even if it is the (current) owner.
I get it that the BO is completely out of their depth, from what OP is saying. Sometimes people are just on a path to a disadvantageous outcome and nothing can be done about it. They drive themselves into the brick wall and won’t be saved.
OP, definitely look after your own best interests first, as it sounds as if you are doing. If you can help, now or later, you are a good person to do so. But some things can’t be fixed.
Good luck to you and to this unfortunate horse. A horse acting like this is not happy and may be in pain. It sounds as if a painless end might be a blessing that protects her from future problems at the hands of humans. Sadly.
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Agree the gate issue may be one of “just part of the business”. Does she charge other owners for damage. Is there a clause in the contract?
If it’s regular wear and tear, no. If it’s big, careless damage like that (ie horse is constantly pulling the stall fronts off or kicking holes in walls), yes you get charged.
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So, after hearing everyone’s advice here, I suggested to BO that he leave a written note on her door stating “as we discussed on X date, [horse] must be removed from the barn by 9pm January 31, 2022. In addition, following Monday, any entrance on the property by you or anyone acting as your agent will be considered trespassing and will be dealt with accordingly.”
He did.
Her horse is gone this morning, she pulled her late last night (after the barn closed). She left the barn doors open in -8F weather, and left all the lights on, including the large arena lights. What a peach. Hope whoever has her as a boarder now enjoys her company. Bye Felicia…
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This situation was weird, because it was less of a stableman’s lien and more of an eviction. How to force a boarder out if they’re not willing to leave?
At any rate, thanks all for the advice, and thank goodness she’s gone.
BO only makes people sign a liability waiver when they board, he has this ancient copy of generic barn rules that are more cutesy than real that he gives them, and that’s it. He’s an old man, doubtful he will change (even if it’s 100% for his own good). I love him dearly, but he doesn’t look out for himself well in the legality department.
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From my experience, you can not!
I had a friend (barn owner) go thru this. She had a boarder she wanted gone. She gave them notice, they refused to leave. Her lawyer said there is basically nothing they can do, because there is no legal way to lock out a large livestock animal and not provide care.
Can you jack their board up, maybe? Just spitballing ideas.
Edit: Or, by telling them that they, the owner, are no longer welcome on the premises and following up with calling the police if needed, would that be enough to get them out?
I am not a lawyer, not related to a lawyer, etc.
From what I understand, the barn owner’s lawyer said that a judge would frown greatly on her jacking up the board to an unreasonable amount.
The barn owner tried to change the barn hours, but the horse owner ignored that. Lawyer said that the barn owner could not tell the horse owner that they were not allowed on the property because the horse owner needed to care for her horse (in this situation care simply means brushing, etc.).
I have to assume if you found a lawyer that specialized in these thing you might find an out, but the out might include having to pay the board on the horse somewhere else for a time period.
Edit to change a bunch of pronouns into easier to understand titles for people who all happen to be she.
Plus this is a business, not a private residence (or yard). Kennels and pet boarding places (and vets) have the same thing happen.
It actually is both, as the BO lives in a free standing house 50’ from the barn.
It’s an interesting situation! My mother who is an attorney could not find a similar case in the database, and she’s perplexed as well.
Maybe your mother can draft a boarding contract (pro bono?) for BO.
As much for his protection as for this type of situation, contract should include terms if BO wants a boarder gone.
I learned this as a new landlord, moving from an apartment where the landlady (who owned several buildings) used a typewritten “lease” very much as you describe your waiver.
I foolishly thought that tenants - like I had for years - would adhere to this & typed up my own version.
My 1st set of tenants proved to be late-paying, bad check-writing, move in the badass teen son (drinking beer with his pals on my front porch) not on the lease, folks I wanted G-O-N-E!
A Real Estate lawyer friend of DH, looked at our “lease” and said we basically had no rights as owners, tenants were squatters and could move or not, their choice.
We’d have had a lengthy legal eviction process if deadbeats hadn’t moved at the end of the term on their own.
Live & learn.
We switched to the Cole short form standard lease, available cheap from office goods stores anywhere.
Your BO needs the same type of protection or he could stand to lose his property, or at best his savings, defending himself from a wing nut like you described this boarder.
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My boarding contracts have had some verbiage related to owner giving boarder 30 days written notice to vacate for any reason. It sounds draconian but only seen it used a few times over decades and it certainly doesn’t leave room for lengthy argument, they signed it and were warned in writing it would be in effect if they didn’t clean up their act. Couple of times it was chronic late, no pay in barns with waiting lists. Once it was a bat sh*t crazy lady. They left without incident.
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That’s so petty of her 
It sounds like you all were lucky she didn’t leave the stall doors open or do anything to your tack…
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I was planning on bringing my tack home around the 31st in prep for a disaster. But thank goodness she didn’t do anything to it - I admit that I checked it all though…
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Well am I the only one wondering why the BO is not doing a happy dance right now? Who cares if she flounced out leaving lights on and the barn doors open? So she acted like a 5 year old child. The BO won - he got rid of a dangerous and destructive horse without having it dumped on him. He got off cheap and easy. I have seen situations where if only the cost of a broken gate was a concern. He should declare victory and learn from it.
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Why were you worried about your tack? Is she a thief?
Glad her horse is gone. May peace reign…
Oh he is. No one is worried about the gate, believe me!
She used other people’s things, broke them, then put them back without saying anything.
To me, that is a thief. Yeah, she put it back, but not in the same condition as found, and she didn’t ask first.
Manure forks, bridles, brooms, muck buckets, a saddle pad…
I can not speak for the people in this specific situation but protecting your tack when an angry boarder is leaving is pretty common advice and a smart thing to do.
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